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Arizona Supreme Court rules on Scottsdale DUI evidence

What you could face if charged with DUI in Arizona

Arizona is a no-tolerance state for DUIs, meaning you can be arrested with a blood-alcohol content higher than the legal limit of 0.08 percent. There are three types of DUIs, each taking into account BAC levels and other factors, such as a previous conviction or whether any minors were in the vehicle. The more serious the DUI, the more you can expect to pay.
Jeffrey Lowman/The Republic

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What you could face if charged with DUI in Arizona

Arizona is a no-tolerance state for DUIs, meaning you can be arrested with a blood-alcohol content higher than the legal limit of 0.08 percent. There are three types of DUIs, each taking into account BAC levels and other factors, such as a previous conviction or whether any minors were in the vehicle. The more serious the DUI, the more you can expect to pay.

Scottsdale DUI Task Force Officer Wiley Adams conducts a field sobriety test on a motorist pulled over on suspicion of driving under the influence of alcohol or other impairing drugs, Tuesday, March 17th, 2015, in Scottsdale, Ariz.(Photo: Jeffrey Lowman/The Republic, Jeffrey Lowman/The Republic)

The Arizona Supreme Court has struck a compromise on the admissibility of potentially faulty DUI blood test results produced by a Scottsdale crime lab.

In an opinion released Thursday, the Court ruled that blood test results from a machine, known as a headspace gas chromatograph, are admissible during a DUI trial. But it also said defense attorneys can present a jury evidence that shows the equipment's shortcomings, regardless of whether their clients' individual results were faulty.

The machine is no longer in service.

The decision overturned a Maricopa County Superior Court judge's ruling that the results were not admissible, and it partially overturned an Arizona Court of Appeals decision that they were.

The case had resulted from the consolidation of 11 Scottsdale aggravated DUI cases. To be charged with aggravated DUI, the driver must meet at least one of these conditions: a child younger than 15 was in the car; two prior DUI convictions in the past seven years; or a suspended, revoked or restricted driver's license at the time of the DUI. These are felony cases tried in Superior Court, while misdemeanor DUIs are sent to city court.

Scottsdale police DUI arrests

Here are the total arrests for DUI and aggravated DUI made by Scottsdale police:

2009: 2,481, 169.

2010: 2,678, 127.

2011: 2,670, 146.

2012: 2,578, 144.

2013: 2,435, 148.

Jan. 1, 2014 - Feb. 28, 2015: 2,436, 151.

Source: Scottsdale Police Department records management system.

Phoenix-based DUI defense attorney Lawrence Koplow is one of the lawyers representing the 11 defendants. He said he does not agree with the Supreme Court's ruling, but he feels like his side was given a "fair shake."

Maricopa County Attorney Bill Montgomery said in a prepared statement that the machine at issue produced 31 errors out of 21,000 runs, and only one of the 11 defendants chose to have tested a second vial of blood that was drawn when they were arrested.

"We continue to have confidence in our law-enforcement partners at the Scottsdale crime lab and we look forward to proceeding with these cases," Montgomery said.

The Supreme Court's decision could potentially affect future DUI cases that go to trial because defense attorneys can now argue evidence of other potentially faulty equipment, such as a breathalyzer, should also be admissible.

Scottsdale police averaged about 2,500 DUI arrests per year from 2009 through 2013, according to data provided by Scottsdale police Sgt. Ben Hoster. Of those arrests, about 6 percent, or roughly 150 annually, were aggravated DUIs

"The city of Scottsdale is pleased with the Arizona Supreme Court's opinion," said Kelly Corsette, a Scottsdale spokesperson. "We remain committed to presenting accurate and appropriate evidence for juries to consider in criminal cases."

The status of hundreds of Scottsdale DUI cases between over a five-year period could be in question depending on an Arizona Supreme Court decision on whether blood evidence screened by a faulty machine is admissible during trial. The Arizona Supreme Court's eventual ruling is expected to impact how DUI defendants challenge scientific evidence in the future because it will determine how much information juries receive about past problems with equipment. Here's how we got to this point:

The Maricopa County Attorney's Office appeals Bernstein's decision. READ MORE

January 2014

Appeals court overturns decision

The Maricopa County Attorney's Office appeals Bernstein's decision. READ MORE

February 2015

Supreme Court holds hearings

The Arizona Supreme Court hears Attorneys for the side appeal to the Arizona Supreme Court Arizona State University in Tempe. There is no timeline for the justices to render a decision.

April 23, 2015

Supreme Court decision

The Arizona Supreme Court handed down a decision that ruled the results are admissible during a DUI trial. But it also said defense attorneys can present a jury evidence that shows the equipment's shortcomings, regardless of whether their clients' individual results were faulty.